SC pulls up Rahul Gandhi for Veer Savarkar remarks, stays defamation case: ‘Is this how you treat freedom fighters?’

The Supreme Court on April 25 pulled up Congress leader Rahul Gandhi for his remarks on Veer Savarkar, a Hindutva ideologue and venerated figure for the Centre's ruling Bharatiya Janata Party (BJP).

The Apex Court, while staying the summons issued against Rahul Gandhi by a Lucknow court over his remarks against Savarkar, orally warned the Rae Bareli Member of Parliament (MP) of ‘suo motu’ action against him if he made any such comments in the future. The top court warned Rahul Gandhi against making irresponsible statements about ‘freedom fighters.’

The court noted that Mahatma Gandhi had respected Savarkar, and Indira Gandhi had written to him. The Court also warned Rahul Gandhi, the leader of the opposition (LoP) in the Lok Sabha, to understand the historical context before commenting on such figures.

“Let him not make any statement on freedom fighters without knowing any history or geography,” the Court said.

A bench of Justice Dipankar Datta and Manmohan heard the matter. During the hearing, Justice Datta objected to Rahul Gandhi's statement that Savarkar was a British servant. Justice Datta asked if Mahatma Gandhi could be called the servant of the Britishers merely because he used the term ‘your faithful servant’ in his letters to the Viceroy, according to a report by legal news website LiveLaw.

Gandhi approached the top court against an April 4 order of the Allahabad High Court refusing to quash the summons issued by a Lucknow court on a complaint by a lawyer that Gandhi’s statements amounted to promoting enmity.

"Does your client know that his grandmother (Indira Gandhi), when she was the Prime Minister, also sent a letter praising the gentleman(Savarkar), the freedom fighter? "Justice Datta asked Senior Advocate Abhishek Manu Singhvi, who was representing Gandhi.

"So therefore, let him not make irresponsible statements about the freedom fighters. You have laid down a good point of law and you are entitled to stay. We know that. But this is not the way you treat our freedom fighters. When you don't know anything of the history or geography of India..."Justice Datta asked according to LiveLaw.

The Court, however, said that it was inclined to stay the proceedings on a condition

"We will grant you stay..but we will restrain you from making irresponsible statements. Let's be clear, any further statement and we will take suo moto and no question of sanction! We will not allow you to speak anything about our freedom fighters. They have given us freedom and this is how we treat them?,"Justice Datta said. Singhvi orally undertook that no such statements would be made.

What is the case?

Gandhi was summoned by the Court as an accused in December last year over his speech at a press conference, where he allegedly said that Savarkar was a servant of the British and that he took a pension from the British.

A complaint case was filed byadvocate, Nripendra Pandeyclaiming that Gandhi, with the intention of spreading hatred in the society, called Veer Savarkar a servant of the British and that he took a pension from the British.

(With inputs form LiveLaw)